Overstayer getting married in Denmark

[Weccker]

Hello everyone.
I'm feeling so anxious with my question.
Could anyone please help me?

So, basically I'm Brazilian man and I came to London in October 2017 to visit my aunt (who has the british citizenship) with the tourist visa (valid until April 2018) and a return ticket to Brazil in April 2018. During this period I travelled through some cities in the Europe, always departing from and coming back to London. For each entrance in UK they would gave me another stamp with 6 months more. Then, in my last entrance (April 19th 2018), with a new 6 month visa until October 2018, I decided to stay 6 months more.

During this time I started a legitimate relationship with an EEA citizen (Italy), she has a job with an annual income more than £25K. We decided to get married in November in Denmark to apply for the Family Permit. Our original plan is to go to Denmark from London, come back already married to London where we are planning stay one week more together, then I would go back to Brazil to apply for the Family Permit.

The questions are:
Can I have any kind of problem with immigration in the exit or entrance?
Can I have any kind of problem with the Family Permit application?
Should I tell the truth to the Immigration Official or try to tell them that I was in Brazil in these last 6 months?

I'm a little bit afraid about any problem that can happen!

Thanks so much!

Best regards.

[NikiGio]

Can I have any kind of problem with immigration in the exit or entrance?

Maybe - do Brazilian nationals require a Visa when entering UK? I'm guessing yes, given you had a tourist Visa.

Any reason why you're marrying in Denmark and not here? Is it because your fiance lives in Denmark?

Can I have any kind of problem with the Family Permit application?

If you do it properly - unlikely you'll have a problem.

Should I tell the truth to the Immigration Official or try to tell them that I was in Brazil in these last 6 months?

Absolutely tell the truth - never lie to Immigration.

[NikiGio]

Also, see this similar case: eea-route-applications/non-eea-qualifie ... 66487.html

[Richard W]

Can I have any kind of problem with immigration in the exit or entrance?

Maybe - do Brazilian nationals require a Visa when entering UK? I'm guessing yes, given you had a tourist Visa.

Any reason why you're marrying in Denmark and not here? Is it because your fiance lives in Denmark?

Brazilians do not normally need a visa to visit the UK - though one is probably needed if there have been previous immigration problems.

As to marrying in Denmark - it's easier than marrying in the UK!

[Richard W]

So, basically I'm Brazilian man and I came to London in October 2017 to visit my aunt (who has the british citizenship) with the tourist visa (valid until April 2018) and a return ticket to Brazil in April 2018. During this period I travelled through some cities in the Europe, always departing from and coming back to London. For each entrance in UK they would gave me another stamp with 6 months more. Then, in my last entrance (April 19th 2018), with a new 6 month visa until October 2018, I decided to stay 6 months more.

That leave to enter has already expired, which could cause trouble. I don't know enough to advise on how likely trouble is. I think it is unlikely, but I could be very wrong.

During this time I started a legitimate relationship with an EEA citizen (Italy), she has a job with an annual income more than £25K. We decided to get married in November in Denmark to apply for the Family Permit. Our original plan is to go to Denmark from London, come back already married to London where we are planning stay one week more together, then I would go back to Brazil to apply for the Family Permit.

If you reach a UK port after marrying, you should explain that you are entering as the spouse of an EU citizen who is a 'qualified person'; be equipped with proof of her nationality and your being married. Evidence of your relationship before marriage might be helpful, but it seems that Immigration Officers at the ports rarely if ever ask for it from EEA-non-EEA couples. If you return together you should only be refused entry if they do not believe your marriage is genuine or she is also refused entry - unless of course you are a danger to society, such as a drug dealer. (I assume you are not.) They cannot refuse you entry simply for having been an overstayer. There is no need for you to return to Brazil to apply for a family permit. Once you have entered, you should apply for an EEA residence card.

[vivi862]

Hi there - sorry to reply here but I can't send a private message. I saw your timeline on the other thread and it seems we applied for our residence cards at roughly the same time. I'm getting worried that my card hasn't arrive when everyone else is getting theirs quickly - have you received yours yet?